In the UK, the Employment Appeal Tribunal (EAT) has ruled that time spent by workers travelling from their homes to the first place of work and back, using their employer’s transport, is not considered “time work” for National Minimum Wage (NMW) purposes, according to legal resources, The HR Director reports.
In the case of Revenue and Customs Commissioners v Taylors Services Ltd, the EAT reversed the Employment Tribunal’s decision, which had classified this travel time as “time work” under the National Minimum Wage Regulations 2015.
Taylors Services Ltd reportedly employed workers on zero-hours contracts in the poultry industry, providing transportation to farms via minibus.
HMRC (Revenue and Customs Commissioners) argued that travel time should be compensated at the NMW.
The initial tribunal agreed with HMRC, considering the travel time as “time work” under the 2015 regulations.
The EAT overturned the tribunal’s decision. In its ruling, it stated that “time work” under Regulation 30 does not include time spent solely travelling, unless specifically deemed as such by Regulation 34.
Regulation 34, which addresses travel time, does not categorise travel between a worker’s home and their place of work as “time work”.
The EAT’s decision clarifies that employers are not obligated to pay the NMW for the time workers spend travelling to and from their assignments using company transport, if no work is performed during that travel.
Source: The HR Director
In the UK, the Employment Appeal Tribunal (EAT) has ruled that time spent by workers travelling from their homes to the first place of work and back, using their employer’s transport, is not considered “time work” for National Minimum Wage (NMW) purposes, according to legal resources, The HR Director reports.
In the case of Revenue and Customs Commissioners v Taylors Services Ltd, the EAT reversed the Employment Tribunal’s decision, which had classified this travel time as “time work” under the National Minimum Wage Regulations 2015.
Taylors Services Ltd reportedly employed workers on zero-hours contracts in the poultry industry, providing transportation to farms via minibus.
HMRC (Revenue and Customs Commissioners) argued that travel time should be compensated at the NMW.
The initial tribunal agreed with HMRC, considering the travel time as “time work” under the 2015 regulations.
The EAT overturned the tribunal’s decision. In its ruling, it stated that “time work” under Regulation 30 does not include time spent solely travelling, unless specifically deemed as such by Regulation 34.
Regulation 34, which addresses travel time, does not categorise travel between a worker’s home and their place of work as “time work”.
The EAT’s decision clarifies that employers are not obligated to pay the NMW for the time workers spend travelling to and from their assignments using company transport, if no work is performed during that travel.
Source: The HR Director